Colburn and Leech (Child support)

This matter concerned an appeal by Colburn against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The Registrar had revoked existing percentage of care determinations and made new determinations, which Colburn sought to have set aside.

The primary legal issue before the court was whether there had been a change to the likely pattern of care of the child, which would justify the revocation of existing percentage of care determinations and the making of new ones. The court was required to consider the evidence presented regarding the actual care arrangements and the future intentions of the parties.

The court found that the Registrar had erred in revoking the existing percentage of care determinations. It reasoned that the evidence did not establish a sufficient change to the likely pattern of care to warrant such a revocation. The court applied the principles governing the assessment of percentage of care under the *Child Support (Registration and Collection) Act 1988*, emphasizing the need for a demonstrable and likely shift in care arrangements.

Consequently, the court set aside the decision of the Child Support Registrar and substituted its own determination, reinstating the previous percentage of care arrangements.